Close

Articles Posted in Disability

Updated:

What the heck is ‘bleisure’ and how could your company get sued over it?

People ask me if I like to read. Not so much anymore, outside of reading Harry Potter books to my kids and reading graphic novels (ok, fine, comic books) to me. Social media apps like LinkedIn have eroded my attention span. I can barely make it through a few hundred…

Updated:

Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.

In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. According to the lawsuit, the employee had missed several days of work due to a sudden illness and then informed management that…

Updated:

“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.

Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more…

Updated:

This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?

Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful. Instead, it’s about doing what’s reasonable based on the information available at the time. I’ll explain. Here is a recent…

Updated:

On a scale of 😴 to 🤯, let’s score the EEOC’s latest guidance on whether COVID-19 is a disability

I was skeptical. Yesterday, at 10:17 AM, I received an emailed press release from the U.S. Equal Employment Opportunity Commission. The federal agency touted “adding a new section [to its existing COVID-19 Technical Guidance] to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities…

Updated:

The EEOC updated its COVID-19 guidance again with new information on retaliation

Image Credit: finger pointing by BomSymbols from the Noun Project While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical…

Updated:

Is indefinite unpaid leave irreparably harmful to employees that don’t get vaccinated?

Image by Dominic Wunderlich from Pixabay On Monday, a Texas federal court dealt with a nuanced issue relating to vaccine mandates. The case is not about the constitutionality or efficacy of vaccine mandates promulgated by the government or private entities. Instead, it focused on an airline’s accommodation policy for employees…

Updated:

A federal judge made it really dang hard to prove medical marijuana discrimination

CommunistSquared, CC0, via Wikimedia Commons Greetings from Seattle. Before I begin my day of **checks notes** culture and refinement, I figured I’d blog first about this recent opinion from a federal court in Pennsylvania. It involves an individual — let’s just call him “Plaintiff” — who claimed that his former…

Updated:

What a 🥴 private school in Florida can teach us about COVID-19 medical accommodations

Image Credit: Google Street View While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show. And I heard Howard talking about a private school in Florida that — get this — will force students to stay home for 30 days after every COVID-19…